Quigg

Mandamus. The facts are agreed. Plaintiff was duly appointed and commissioned harbor master of the port of Eureka, Humboldt county, June 2, 1897, by the governor, and he duly qualified June 9th and entered upon the performance of his duties as such harbor master, and is still performing said duties; on June 12th the board of harbor commissioners duly made and entered its order fixing the fees of said harbor master at two dollars and fifty cents for each day’s work as such; he performed certain services between June 9, 1897, and August 1, 1897, amounting to one hundred and twelve dollars and fifty cents, for which said board of harbor commissioners issued certificates approving and allowing the same; plaintiff duly presented said certificates to defendants, and demanded that they issue or cause to be issued warrants on the city treasurer of the city of Eureka for said amount, which was refused, and defendant rejected said claims. The city of Eureka has a population of eight thousand people, and is the principal point on Humboldt bay, and carries on commerce with all of the places mentioned in defendants’ answer (certain ports and towns on the waters of the *548 bay and its…